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Tweedle v. State Farm Fire and Casualty Co.

December 5, 2006

KATHERINE TWEEDLE PLAINTIFF
v.
STATE FARM FIRE AND CASUALTY COMPANY DEFENDANT



ORDER

Following a week-long jury trial in this case, the jury returned a verdict for the Plaintiff Katherine Tweedle in the amount of $139,938.88, and the Court entered judgment accordingly (doc. #130). The Defendant State Farm Fire and Casualty Company ("State Farm") appealed to the Eighth Circuit Court of Appeals (doc. #160). Tweedle prevailed on appeal (doc. #191).

Tweedle has moved for attorney's fees of $13,208.10 (doc. #187) and costs of 1,096.70 (doc. #188) associated with the appeal. This Court understands identical requests were made to the Eighth Circuit. The Eighth Circuit granted Tweedle's motion for attorneys fees and partially granted its bill of costs in an order entered November 28, 2006. Regarding the bill of costs, the Eighth Circuit granted $270.85, stating "$825.85 of this amount is properly taxable in the District Court." That amount represents the cost of trial transcripts.

Section 1920, 28 U.S.C., defines what costs a prevailing party may tax against the other party. Section 1920 includes "[f]ees of the court reporter for all or any part of the . . . transcript necessarily obtained for use in the case." Federal Rule of Appellate Procedure 39(e) lists transcripts needed on appeal as a cost taxable by the district court. After reviewing Tweedle's bill of costs, the Court finds the amount reasonable and awards $825.85 in costs.

Tweedle's Petition for Attorney's Fees (doc. #187) is DENIED AS MOOT. Tweedle's Bill of Costs (doc. #188) is GRANTED IN PART. The remaining $270.85 of bill of costs is DENIED AS MOOT. The Clerk of Court IS HEREBY ORDERED to amend the Amended Judgment filed in this case on December 12, 2005, (doc. #158) to reflect the additional taxation of costs in the amount of $825.85.

IT IS SO ORDERED.

20061205

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